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Old 02-16-2005, 09:07 PM
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Wrongful arrest or NOT?


Tennessee:
Ok here is the deal, My ex has been to jail 2 times for non-payment but NEVER served over a month in jail for he bonded out before serving his six month sentence at which time he was $4,685 in arrears (this was back in June 04). We appeared before the courts yet again as we do almost every other month on January 25th. As of this time he has now gotten behind in the amount of $5,500+. The court orders state as of this date "Respondent continue paying as court ordered. If Respondent fails to make one weekly payment a mittimus shall issue without further order of the court.

*~* Ok here is where it gets complicated and just a warning but just reading this may cause you to lose I.Q. points!!! *~*...... My ex had claimed that he was sending the child support into the state but nothing was ever mailed and nothing was showing up as to him paying anything. I suggested him to call the child support office and explain to them how crutial it was that the money be on the account for the mittimus he was facing. He told me "The CHILD SUPPORT IS NONE OF YOUR BUISNESS!!!".

After contacting the child support office myself a week or so later on the 14th of FEB I found out that my ex had in fact sent in money orders for the payments. What he had failed to mention to me or anyone else about the money is that he sent in money orders and he ONLY put his Middle name and Last name on it. No SS#, no Case ID# and he did not even put to whom it went to so the state had NO clue where the money came from nor who it went to. Therefore the Tennessee state child support office placed the money in a "LOST FILE". The state had already issued the mitimus within this time for it had been almost a month that he had paid from their records. 01/19/2005 was last payment and there were still no payments made as of this time on 02/10/2005, at least that was on record. The cops picked him up for the mittimus and he was arrested. Since I had called the state and personally have the case worker check for the money orders they had been appointed to my account but placed under review. Knowing this I contacted OUR case worker to make sure that she was aware that the payments were made but he had failed to fill them out correctly even though he knew how important they were and that he had been sending them for over 2 years now. They then released him from the county jail. Now he is TRYING to sue the state for false arrest...
My question is "HOW THE HELL CAN HE DO THIS????"
or CAN HE DO THIS???

Sorry this was so long and I appreciate whom ever takes the time to read it. I just wanted to be certain that all the facts were posted since this is such a messy situation.
Any comments will be appreciated and THANKS.
  #2  
Old 02-16-2005, 09:46 PM
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HE failed to put the correct information on the payments, HE failed to give information as to who the payments should go to and who should be credited with the payments, and HE gets arrestd for non-payment.

The arrest is HIS doing - not the state's.

If he has the money he can try to sue the state or anyone else he can afford to pursue. But, in the end, I suspect he's going to be out a lot of attorney's fees. And he might even have to pay for the state or county's attorneys.

- Carl
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